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hello, everyone. i'm ashleigh banfield. thanks for being with us. the flu is on a terror. people you would never expect are dying. we are watching the white house as sportsmen, video game makers and the ncra all come together to talk about guns. vice president biden is hosting another day of back to back meetings with so-called stake holders in the firearms debate. the vice president has set off a firestorm in conservative ranks by suggesting that the president

might not rely, necessarily, on congress, at least not entirely, to crack down on gun violence in america. >> enter, the executive order. enter the instantaneous backlash. >> so when biden, himself a liberal democrat, says that himself and the president, cabinet, attorney general, all a bunch of leftist democrats are talking about using executive orders, when you say for what, it could only be to take guns away from people. who knew that an executive order could trump a constitutional amendment? >> nope, nope. sorry. no rush. you are very entertaining and i'm sure a lovely man but you are wrong. jeffrey toobin is here. >> i'm not sure about either of those things but, okay, go ahead. >> i will say this, what rush limbaugh is saying is something that is being echoed across this country. people are panicking, an

executive order is very powerful but it cannot supercede the constitution. >> nor can it supercede a law that congress has passed, for example. there was an assault weapons ban from 1994 to 2004. president obama on his own by executive order cannot impose an assault weapons ban. congress has to do that. only congress can pass a law. all an executive order can do is use power that congress has already given to the president in a different law. >> even the most ardent and fervorous of the nra supporters will say, for crying out loud, enforce the existing laws out there. isn't an executive order an excellent tool to do just that? >> that's what presidents do with executive orders? >> one executive order that is apparently under consideration is the federal government does do some background checks on some weapons purchases. they might want to streamline that process and make it more

useful, get it into the hands of law enforcement faster. that's something that a president could do on his own authority. >> virtually thousands upon thousands of people that have lied on their background checks and that is against the law and they are not prosecuted. >> that is something else that the president could direct the attorney general, start pros cuesing those people or following up with them and find out what they are doing with their weapons. >> what about the notion that mental health is another big part of these conversations that joe biden will be having? there needs to be something elsdon about attention to mental health in this country. is that something where the president could bring in executive order and make a difference? >> yes. he could tell the department of health and human services to shift money into mental health in one way or another. the department of education could do something like that. he can't impose a new requirement. he can't say that people have to be registered, which is an idea that's been floating out there. that would have to be done by a law. within the existing authority,

within the existing budgets, the president could do something. >> a lot of people have talked about the possibility that perhaps this executive order of discussion has something to do with the now expired assault weapons ban that was in place between 1994 and 2004, as you mentioned to me earlier off camera. can an executive order somehow reinitiate that ban, bring it back, somehow use a loophole, anything or nothing? >> i think nothing. i can't imagine every possibility but this was a law, passed by congress and expired. >> and only congress can pass a law. that almost certainly is going to be a big part of this legislative fight that will go on in congress but i don't see any way that the president could do this on his own. >> i think it is critical to make that point. there are a lot of nerves that are frayed just on the utterance of we've got executive order and we are not afraid to use it.

>> that's one reason why it is good to be president. >> president bush used it 298 times in eight years if anyone thinks that president obama has used it more. nope, only 144 times in just four years. jeffrey toobin, thank you. it is good of you to clear that up. take a look at this. you see the numbers. those are all of the president's orders. the executive orders by face, name, and number. so you can make your decisions as you will when people say ruling by fiat means. it doesn't mean the government is coming to take your a.k. out of your hands. i want to give you a post script, walmart declined the invitation to meet with vice president biden's panel. then, abrupt switching of gears. christine romans breaking that on the air yesterday. they accepted the invitation and now the nation's largest firearms retailer says its representative is going to meet with attorney general, eric holder but not vice president biden himself. there you go. another piece of news that is making very big headlines.

silent killer sweeping across the country now. after a mild season last year, the flu is back this time with a vengeance. the centers for disease control reporting that 18 children have died so far this year. among them, a young man from texas named max. take a look at his picture. literally, the vision of health. this strapping young teenager. his mom said he went from being a healthy young man to a very sick child and then to dying in just a matter of days. >> he said, mom, i'm scared. i said, i know, buddy, i am too. then, he saw me crying. he said, mom, it's going to be okay. you're going to be okay. i love you. that's really the last really coherent thing that he said to me. >> we're going to have more on max' story a little bit later on. texas is one of the 41 states

being affected. more than 2000 hospitalizations already across the country. our chief medical correspondent, sanjay gupta, has been monitoring this very closely. i feel like we just began the week saying, it is an earlier season and it seems like a bad season and you can still get your flu shot. i feel like in just a few days, things are getting far more serious. >> they are. the thing is, it takes a couple of weeks after someone is exposed to start having symptoms. normally, you do have the worst part of flu season sort of in february, for example, but we are seeing it early as you point out, ashleigh. my guess is the number states are going to turn red over the next few days or weeks. the question a lot of people need to know or figure out, the numbers have gone up. are they going to stay up throughout the whole flu season or until spring or is this an

early peak? this particular strain, h3-n2. we have seen this before. it was a pretty severe virus back then. it is behaving very similarly this time as well. >> can i ask you? when i saw that picture of max. i am hoping i am pronouncing his last name appropriately, schwolert. this was a healthy, vibrant teenager, the last person you think is going to be among the annual statistics of several,000 people that died of the flu. why would someone like max sub co couple to this virus. >> it is very sad. luckily, his story is going to be more the exception than the rule. it goes to show you, when people talk about flu deaths in any given year, there could be tens of thousands of flu deaths. most are going to be people who have underlying illnesses or weakened immune systems and the very elderly.

it is sometimes because the person gets to the point where they have had this flu, weakened their immune system and on top of it, this he get a bacterial infection in the lungs. it is that bacterial infection that most often causes death, specially in the younger population. it is tough to think about. listening to his parents, it does make you think. for the vast majority of people, the answer is still going to be stay home rk, self-isolate, tak care of yourself, don't spread it to others. >> whether you have young children or children of max's age and our parents, the elderly. sanjay gupta, thank you. appreciate that update. >> elizabeth cohen is going to join us a little bit later on from our medical unit. she is going to have more about max schwolert's heartbreaking story, his case and this story in general. back after this. for only 1-cent after maxperks rewards. find thousands of big deals now...

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with kaopectate. so we broke the news yesterday that president obama had plans to nominate his chief of staff, jack lew, for treasury secretary. now, the official announcement will be made at 1:30 p.m. eastern today. if confirmed, lew would succeed timothy geithner, the last member of the original economic team that took office four years ago. that was, of course, you'll remember, at the height of the world economic crisis. dan lothian joins us live at the the white house. boy, did you ever have the news yesterday. you were the first on the air with it. what's the reaction been, though. you know it doesn't take long before the knives comes out. >> reporter: it doesn't. the white house still believing he is the strongest candidate to succeed timothy guieithner.

talking about his extensive experience at citigroup and serving in the public sector as the budget chief and with former president bill clinton during a time when they balanced the federal budget. so when you put that together with being around in this administration during a difficult fiscal time and the fiscal challenges with the debt ceiling, he is the right person for this job. there is some resistance. republican senator, jeff sessions, saying he should never get the job because he misrepresented the president's 2012 budget during testimony before the senate by saying the budget should not add to the debt. you always find, when the president puts forward a name like this, there is some push back. we are seeing that even before the president officially makes the announcement. nonetheless, jack lew, widely expected to get confirmed. >> i am sure we are only

beginning to hear the bonafides and the criticism. it's his signature. if he becomes the treasury secretary, that thing is go to be everywhere. it is that series of crazy loop deloos. aren't they talking about this being an issue? >> i thought mine was bad but that's a lot of little loops there. it is unclear whether they will have to send him to school again to figure out how to write his name so you can read it when it shows up on the currency. timothy geithner had kind of a loopy signature in the past and then said that he had to tweak it whethn it showed up on the currency. unclear yet whether or not they will send him back to school to learn how to sign his name. >> i like how our colleague, carol costello referred to it, like a slinky gone out of

control. >> reporter: that's a good one. >> i want to switch gears a little bit. that's about another nomination that's going to have to be made because we have had another resignation, hilda solis, the labor secretary, announcing she is wanting some more familiar will i time i can only guess. give me the low-down on that. >> reporter: this comes at a time when there has been some criticism against this white house for not having enough women enter high positions in terms of the president rolling out his new team. there has been that criticism. i think when you look at who the president has around him, you look at valerie jarrett, homeland security secretary napolitano. he does have women in top positions but there is that criticism and it gets new life when someone like this steps aside. she said in a letter to her employees, she had been at home in california over the holidays, had a chance to reflect and talk with family members. after much discussion with family and close friends, i have

decided to begin a new future and return to the people and places i love and that have inspired and shaped my life. the president praised her for her work saying her efforts have helped train workers for the jobs of the future, protect workers health and safety and put millions of americans back to work. unclear who the president plans to nominate for that position. >> you have work cut out for you. dan lothian, thank you. appreciate it. since we're on the subject of nominations, do you like that segue? this little one is the youngest person ever to be nominated for best actress, 9-year-old quvenzhane wallis is star of the film, "beasts of the southern wild." the director of that film, they

are both on the phone with me. first question, it is extremely important. quvenzhane, did i pronounce your name properly? >> yes. >> i thisnk a lot of people are going to be saying your name a lot, quvenzhane. they are going to be reading it and saying that is cool. you must have thought this was the coolest thing ever. were you surprised? >> yes. >> how about you, ben? >> she is very underspoken about this. ben, congratulations! . this is great news for you. >> yeah. we are going absolutely crazy. we are totally shocked. it is a beautiful, beautiful thing. >> so, listen, you are in the industry and privy to a lot more of the conversations and the whisper rumors an all of those other award season events than a lot of other people. did you think this was going to be a reality or were you truly

just shocked? >> i had sort of prepared myself that we were going to be celebrating the end of our publicity campaign today. now, we are celebrating a whole new era. we were shaking. we were so surprised. >> so quvenzhane, you are nine years old and from louisiana and you are officially the youngest for this award? do you know what a big deal that is? >> do i ever. >> that's awesome. tell me about doing this movie. you were only five years old when you auditioned and just six when you filmed it? >> yes. >> so tell me how tough this was. was it hard work? >> yes. >> explain to me what the best parts and the worst parts were

like. >> best parts were the seafood. worst parts were the mud and the mosquitos and all the hard stuff. >> all the hard stuff. at six years old, gosh, that's three years ago. that's a third of your life. do you remember a whole lot about all the work you did to make that movie? quvenzhane, could you hear that question? do you remember a lot about making the movie? tell me about your memories of making this movie. >> if i would watch the seafood part, i would remember that we were on the set and he said, cut and everybody heard him but we were still eating. we never stopped. >> ben, this must have been an extraordinary experience to work with such a young and as many

people say, extraordinarily talented young lady. >> absolutely. i mean, you know, when we sort of started telling people with he were going to make the film that was going to ride on the shoulders of a 6-year-old girl, you get this sort of gloomy, blank stare like you told someone you are about to jump off a glif without a parachute. we didn't know we would find this miraculous actress. . she put the whole film on her back and carried it. >> well, ben zit lynn and quvenzhane wallis, congratulations. a lot more people are going to know your name and your work. good luck to you during oscar season. thanks for calling in to both of you. congrats! >> thanks. >> thanks, quvenzhane.

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whales are trapped in canadian ice way up north in hudson bay. the pictures are remarkable. normally, they leave the arctic before this big, thick ice back moved in. this includes two large orcas and nine smaller ones. apparently, they waited a little too long and the whole area began to freeze over. the exception being the very small hole where they continue to take turns coming up for air. some of them breaching, some of them dolphinlike. we are now getting different news, hopefully, encouraging news. the ice has cracked a little bit this morning and that the whales have not been spotted since

sunrise. that could mean since the ice is cracking somewhat from the wind shifts that they have moved on and are getting to a safer area. let's hope it doesn't mean anything else. joining us now israeli, who is the president of casco marine. why israe ray lee talking to me? because his company helped to free other whales stuck in a same situation, the story that inspired the film "big miracle." you are on stand by to help to make your travel plans to get up to this very remote area. first, tell me. are you still in that mode where you are going to get there to try to lend assistance or is this news this morning better news that you may not be needed? >> i've talked to both the mayor and the emergency coordinator and they that the whales have been freed or at least no longer

trapped. so we are in a standdown mode. we are still ready to go, if needed. >> what's so amazing, ray, is literally what some of those villagers have been doing to try to keep that small hole in the ice. i think it is only about 30 by 30. i think that is chipping away, possibly even using chainsaws, not unlike what you experienced back in 1988 way up on the north slope of alaska where those three gray whales were trapped. but you had something else. when no one could get anything to work, you took a little device up there. show it to me if you can and tell me how that thing worked. >> it is a deicer. i don't know how well you can see it. this is the size of the unit. it would be sitting underneath a float in this application but it's an electric motor encased

in a stainless steel can. it is an oil-fueled unit, sealed. then, there is a propelor on top. it pulls the water from the depth. the water in the depth is warmer. it pulls that up and it can keep water open in an iced area or you can actually start with a smaller hole in warmer water will actually melt the ice. it can be very thick ice that it will melt. >> so, ray, we are looking at pictures as you show that device, we are also at the same time looking at pictures of those whales in '88 and the opening that looked extremely similar to the one we are experiencing currently in northern quebec. with that device, you were able to continuously make a large, almost like a landing strip, of open water to get those whales to swim to where icebreakers could finally reach them. if anyone is looking at the

pictures and wondering why they see blood is because the whales, fighting for air, would knock up against the sharp ice and get cut, which could be a possibility. tell me why they can't get to where this current pack of whales is struggling in northern quebec. >> we don't have direct information on that. what i heard from the mayor and emergency coordinator, is that the canadian icebreakers were some distance away. really, that's all the information i have on that. >> it is great that you were able to join us and show us do i have it right, the hook-end deicer? is that right? >> no. that was the name fabricated by the movie. it is a casco deicer. >> good luck.

keep your eye on this for us. if, in fact, you are going to mobilize into action and head up to northern quebec to help out, we would like to follow your progress and let's just all hope the best for those whales up there. thank you, ray! >> we are ready to go. just waiting for the call. >> god speed and we'll talk to you soon hopefully or maybe hopefully we won't talk to you and that things are already okay. we'll be back right after this break. e're helping joplin, missouri, come back from a devastating tornado. man: and now we're helping the east coast recover from hurricane sandy. we're a leading global insurance company, based right here in america. we've repaid every dollar america lent us. everything, plus a profit of more than $22 billion. for the american people. thank you, america. helping people recover and rebuild -- that's what we do. now let's bring on tomorrow. starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors.

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the fate of human dignity in our hands. this moment, now, now, now. >> daniel day lewis is the 16th

president fighting to end slavery during the dark days of the civil war. that is, of course, the movie "lincoln." it really topped the nominations for the 85th annual academy awards that were announced not long ago. daniel day lewis was one of five people nominated for best actor. steven spielberg nominated as well. all nine movies nominated. maybe you saw one of the movies. it is no secret they expanded that group of movies in the running. best in the business at picking the winners is tom o'neil. he is here with me now. the reason you are the best in the business at picking the winners, you do goldderby.com. i don't know if it is a science or running the data. whatever it is, i want to talk about it. i had no idea you were bringing this in. >> it is the real thing. they rarely go up for sale. only oscars made before 1950 can be bought and sold. this is from 1946. it is anna and the king of siam,

best set decoration. it was up for best picture and wind on to inspire "the king and i." >> why would anyone want to sell the oscar? >> in this case, it was the grandson. his grandfather had won several and he wanted to dispose of one of them. bill murray, i was very upset there was no mention of bill murray. >> it is delightful. >> he is amazing. am i out of it. did i expect he was going to be nominated? >> a lot of jaw-dropping a-listers. there was no. there were a lot more stars like quvenzhane. she is the best star. >> i asked, was this a big deal for you. was it ever? >> i asked her, do you have your acceptance speech ready for the oscars. she said, i'm still working on it. >> did she really say that, nine years old.

she is going to be a big hit. apart from the snubs, no real surprise that "lincoln" scored as many nominations as it did. >> we expected 12. the record was 14. >> we expected 14. >> and we got 12. here is where we blew it this year. we have 28 of the top experts in america from yahoo! and "usa today" and entertainment weekly, all crystal balling this. we thought it was a race for best picture between lincoln, argo and silver linings playbook but argo and silver linings did not get nominated for best director. you almost always have to have that key nomination. you have to also be nominated for screen play and best editing. only three movies pulled that off today, life of pi, silver linings playbook and lincoln. another big story people talk about. ben affleck. i think at love of people

expected he would be nominated for argo as best director but not. >> that was really surprising. i thought he was going to win this year, because they love actors turned directors. it is all about "lincoln." >> and the director of les mis. >> and quinton tarantino was snubbed also. the veterans were snobbed. >> i am curious about the art films that no one has ever heard about that become a huge hit because of their nominations. that doesn't necessarily translate into a big oscars night in television for viewers. it seems to me that the academy working very hard to try to get viewership. seth macfarlane, are you kidding me? this is going to be the best thing ever. family guy for three hours. >> i love the oscars this year. they are saying, we are not going to pander to the masses and try to get a big name. we are going to do this right. in the old days, the big blockbusters like jaws and

towering inferno and airport would get nominated. not anymore. there were no sky fall, dark night and expanded the list and the little art house movies got in. >> that's what i worried are they doing that at the potential viewer ship of the oscars. >> they have no control over it. crazy people in hollywood that will do whatever they want. there is $80 million online. not quite super bowl. that's a lot of money. predictionwise, best picture? >> "lincoln" all the way. they locked it in today. best actor is daniel day lewis. best supporting actress is anne hathaway. but we have real suspense for actress, i think quvenzhane can

take on some others. >> stand by. don't move an inch. live on the line, on the telephone line, bruce cohen, producer of silver lining playbook. congratulations. you must be so thrilled. >> thrilled. an ecstatic morning in silver lining's playbook land. >> did you get together to wait for this to happen or call each other, e-mail and say, wow? >> we all called each other. my fellow producers and i got on with our twice-nominated writer, director, david o. russell and started calling all of our nominees. that is just one of the great joys of being in this business when you get to do things like that on mornings like this. >> jennifer lawrence, that must have been terrific. >> jennifer and i have been texting. she is a great texter. she is just beyond thrilled. jennifer is 23 years old. she has got such a phenomenal body of work already. we have only just gun to see what she is capable of.

>> hey, bruce, i've got tom o'neil who is here with me, who is one of the best predictors ever. >> how did you do, tom? >> not so well. i underestimated the strength of silver linings playbook. i think you made oscar history. i have to go back and check. the nominations you have in every single acting category. >> bradley cooper as well. >> that is something for the history books. i could be wrong. it is exceptional. >> we heard the stats, because we are pretty excited about it. it is the first time in 31 years one has had acting nominations in all four categories. reds was the last one, 12 other times. movies like network and street car named desire and sunset boulevard. so we are in heady extraordinary company with those four nominations. >> bruce cohen, congratulations. i'm sure you are about to go on a whirlwind odyssey that you will not soon forget. good luck my friend.

>> thank you very much. >> i hear him smiling. >> he has a lot to smile about. he has a little movie with a lot of heart and they love this. >> i remember a movie like that, little miss sunshine. guess who is on the line with me now? one of the guys who won, allen arkin. i remember you in little miss sunshine. you won and now you are up against for best supporting actor for argo. are you over the moon as well? can you hear me? >> i can barely hear anybody. >> so i'll just say this. congratulations! >> thank you. >> so tell me how you feel. this must be terrific for you and the cast of argo? >> i don't know how much the cast is excited but i certainly am. >> one thing people are definitely talking about today is ben affleck and that he didn't get the nod for best director but certainly the movie is right in focus for people. that must feel good for many of

you. >> yeah. i was a little bit disappointed that he didn't get a nod for bess director but the movie did get seven nominations and he is certainly at the helm for all of that. he is recognized by so many other contests in the country. and he has got 40 years ahead of him as a way of recouping whatever bad feelings he has this morning. he has got many, many great projects ahead of him yet. he is a great director. >> well, congratulations to you. and to everyone on the team of your phenomenal movie. i can say this as canadian. i think a lot of canadians are thrilled you made the movie, because it highlighted something great about canadians and a lot of americans really enjoyed it, because it was a terrific story about americans too. good luck, allen. >> i'm really sorry, i didn't hear anything of what you just said. >> it's okay. good luck, allen.

tom o'neil is still with me. wrap it up for me really quickly. this is a big, big challenge. it's going to be hard to call someone other than daniel day lewis and lincoln. it is going to be hard to call some of these winners. supporting actor. we just talk ed to allen arkin. it is a tossup. lead actress is suspense full. a lot to be excited about. >> it sounds like he is somewhere back over in the middle east. that phone line was either brutal or he is actually traveling on his next movie. nice to see you. thanks for coming in. thanks for bringing this friend. >> oh, come on. i need it as a prop. we are back right after this. that over time, having high cholesterol and any of these risk factors can put them at increased risk for plaque buildup in their arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alone aren't enough, i prescribe crestor. in a clinical trial versus lipitor,

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we have been telling you about we have been telling you about the deadly flu virus. 18 children have died so far. our senior medical correspondent is in texas following this story. she spoke to the family of one teenager who went from being the vision of health, really, honestly, a smiling, healthy young man, to dying of the flu in just a couple of days. >> reporter: the schwolert family was getting ready for a joyful chrisman when on the 21st, 17-year-old son, max,

started feeling sick, tired, fever. >> he never got super sick. >> two days later, he played in the snow, celebrated christmas with his family. christmas night, max felt sick again. >> he had excessive, like 104.9 fever and we could not break it. >> the next morning, his parents took max to the hospital where he was diagnosed with the flu. >> within 30 minutes, the doctor was like, something really wrong here. his kidneys are starting to fail. >> max was rushed by helicopter to a larger hospital. >> one of the last coherent things he said, he looked at me. there were some tears rolling down his face. he was scared. >> he said, mom, i'm scared. >> he said, i know, buddy, i am too. then, he saw me crying. he said, mom, it is going to be okay. you are going to be okay. i love you. that's one of the last coherent things he said to me. >> reporter: within 24 hours, he went from feeling okay to

intensive care. >> his organs were shutting down and they were completely baffled what was happening, what would attack him so quickly. his parents prayed for a miracle. i remember putting my hands on his heart and i would feel his heart beat. i knew how big it was, you know. >> reporter: four days later, max died, a young man whose nickname was panda, 6'4", big and jentdle, played golf, goofed on his sisters, doubt sunday school. after he died, they drove home to lewisville, texas. waiting in their mailbox, an acceptance letter to his first college choice. they want him to be remembered for how he loved god, life and the people around him. they have sold more than 1,000 love to the max t-shirts. the money will go to a charity in his memory and the memory of his huge, loving heart. >> elizabeth is live with me from flower mound, texas. for a lot of people watching this story, it is not only

heartbreaking but really frightening. this boy could not have been a healthier young american. why couldn't his immune system have fought this off? >> it is a mystery why some kids get the flu and they are completely fine and others are not. what happened to max was he got a bacterial infection. remember, he got better and worse. that was the flu going away. this bacterial infection set in. it is a really bad sign. no one knows why some kids are more vulnerable to that than others. a lot of doctors are doing research in this area. >> i go to wrap up but i guess you and i have said it a few times. get the flu shot anyway. even right now, it is not too late. i know that some in his house had the flu shot. but it can help. it can help if we can say one thing. elizabeth cohen, thank you. i appreciate that. >> reporter: thanks. >> for more information on this, make sure you head off to the

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buying a house you cannot afford just got tougher. does that sound like a no-brainer? we haven't always been so tough on people buying houses beyond their budget. hence the housing crisis in '08 and the ensuing housing crisis. the feds are doing something

about it. they are ruling out a whole new set of rules, one that clearly it out for me. all right, we didn't have it in place. that was stupid. we do now. what are they? >> right. it's not necessarily to keep people from getting mortgages, it's to keep lenders from taking advantage of people who get mortgages they'll never be able to pay for. january 21 it starts, a year the lenders have to comply. they have to prove that before writing a mortgage, they have to prove the lender has a job, money, a decent credit history. they have to prove the owner has expenses associated with buying a house. that they can pay for property taxes, they cannot saddle the borrower with monthly debt spam payme payments, all the debt, 43% of their income. >> shame on them, but many say the bank convinced me i could do it. >> no more deceptive teaser

rates where you lure somebody into a mortgage and the, say, 3%, 6%, and it goes up to double digits. they have to be clear to the lender, the lender and borrower have to be clear what somebody can afford. >> i want to switch gears. the gun debate is huge. joe biden is meeting on capitol hill with a lot of people, meeting at the white house. the old executive office building. all of a sudden that has had an impact on the people who sell guns. >> it absolutely has. eric holder, attorney general, also involved. you're looking at the gun stocks on the street today on, wall street. they're down. they're all down because, look, investors are saying this is serious. we're talking about serious attention to gun violence. when you have people die from guns, there's a legal product that has a stock associated with it that makes that gun. the teachers retirement group today said they'll be selling their gun shares. they say there could be financial pressure on this industry going forward. when you had joe biden use the

words "executive order," that's when you saw investors jump out of the stock. >> what's interesting is after an incident like the one in c connecticut, you see a spike in purchases. but clearly after what was said and the small line executive order, that had an impact. thank you. >> you're welcome. >> we'll talk soon. hi. i'm henry winkler. and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free.

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so police have to get a judge's okay in order to search your house. it's called a warrant, right? you might be surprised that in many states, they don't need such a warrant to stick a need in you and take your blood. i'm not kidding. this is if they suspect you of driving drunk. in a lot of states they do by all means need a warrant to stick a needle in your arm and take your blood. all of this could change summer after the supreme court rules in a case out of missouri, a case that was argued this week. joining me to weigh in on this, both sides, noted defense attorney and former prosecutor randy zellin. i think people would be surprised to know that in a lot of states you can get a need in your arm roadside. >> of it's an amazing thing. if you think about it, on one hand if i said, look, do you think it's okay for a cop to come up, stick a needle in you, take your blood, you would be like absolutely not. >> no. >> however, if somebody said is it okay to stick the needle in

ran randy's arm because he killed a family and we think he's drunk, you'd be like, definitely, we need the evidence. >> i see. >> the challenge is about my right, your right to be left alone against law enforcement's right to get the evidence they need to prosecute a case. >> and to have a bad guy leave me alone, right? that's really what it comes down to. when i say roadside, it's not roadside. sometimes they haul you into the station, they give you the blood test there. for people who say you need a warrant, those take time. blood alcohol dissipates. but they have science called extrapolation. and that takes your blood at the time. it's legal to take your blood. then imagines backwards how drunk you would have been at the time we wanted to take your blood. >> it's actually reverse extravalation. a prosecutor -- extrapolation. a prosecutor tries to go back and says i don't care what your reading is now, back then, an hour before, an hour and a half before, it was higher. >> it's good science when they do that? >> look, i'm a defense lawyer, i argue that it's junk science. >> hate it -- >> as a prosecutor, you argue it's perfectly valid science.

>> right. can i read for you something that the chief justice said about this? it might give a window into where the justices are thinking. he says, "it's a pretty scary image of somebody restrained and a representative of the state approaching them with a needle." and if you want the other side, sonia sotomayor, considered less conservative, "how can it be reasonable to forego the fourth amendment as to endure somebody else coming at you with a need." >> remember, without a warrant, a search and seizure is per se unreasonable. that's what the constitution says. we don't want to leave it up to law enforcement. a judge should decide whether or not this is sufficiently good reason to go kicking your door down, hauling out of a car, or sticking a needle in your arm. >> unreasonable search and seizure. thanks for coming in.

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